El Paso County Small Claims Court, Texas

Are Appeals Allowed?

A party can appeal a ruling if the amount of the judge’s award is in excess of $250.00.

El Paso County Court Clerk

We recommend contacting the El Paso County court clerk before proceeding down to the courthouse to file your action. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for El Paso County. We recommend calling the clerk’s office to ensure the courthouse is open. While the clerk can help you with procedural issues, the clerk is not able to give legal advice. They will direct you to an attorney if answering your question would require that.

Can I file my small claims case in El Paso County?

In order to follow correct procedure, a small claims case needs to be filed in the proper county and precinct. In Texas, the action is filed in the County and Precinct where the defendants reside or where a contract was to be performed. (Government Code Section 28.011).

Small Claims Court Jurisdiction

The plaintiff’s demand for money cannot exceed $10,000. (Texas Government Code 28.093). Additionally, a small claims court plaintiff can only ask the court for monetary relief. You cannot seek injunctive relief. Say your landscaper breaks a sprinkler head. You can ask the court for money to replace the sprinkler head, but you cannot ask the court for an order requiring the landscaper to physically replace the sprinkler head. You could only ask the court for an award of money.

Judge

The justice of the peace for El Paso County presides over small claims court actions for El Paso County.

Types of Cases

Small claims courts handle a wide variety of cases. Cases include damages from an automobile accident, a security deposit from a landlord, or breach of a contract. However, small claims court cannot handle assignments of claims (where one person transfers their interest in an action to another), a divorce proceedings, and cases filed by collection agencies or agents.

Do I need to hire an Attorney?

Small claims court litigants in Texas normally represent themselves without an attorney. This is largely because the amount at issue in the case is not large enough to justify the hiring of an attorney. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).

What is the trial like?

Small claims court trials are very informal compared to a regular civil trial. In fact, the judge in small claims court is charged with developing facts of the case and may question or summon witnesses. Furthermore, the judge is allowed and often ask questions of witnesses and parties to help understand the facts of a case. A small claims court trial is much quicker, often lasting between 15-20 minutes. If a jury trial is required, the trial could last a few hours. Small Claims actions are heard in 8 courthouses throughout El Paso County.

One comment

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